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A partnership approach to waste prevention and recycling 

Annex 2 – Duties and responsibilities in accordance with relevant key legislation

Environmental Protection Act 1990. This is the main legislation that has covered waste management for the last 30 years. Key responsibilities include (but are not limited to):

  • A duty to provide a domestic waste collection service to households. Local authorities can also offer collection services to businesses for which they can charge. This is exempt from VAT.
  • A duty to provide domestic waste disposal and provide the necessary facilities for homeowners to dispose of their own refuse.
  • And a duty of care to handle waste responsibly.

EU Landfill Directive 1999. This set minimum standards and targets to reduce reliance on landfill as a disposal option.

Waste and Emissions Trading Act 2003. The JMWMS requirement sits under this. It sets out that in a two-tier area, local authorities have a legal requirement to have a joint strategy for the management of recycling and waste from households. This legislation also states that the strategy must be kept under review, and any significant future revisions will require public consultation.

Waste Framework Directive 2008. This includes basic concepts and definitions related to waste management, such as definitions of recycling and waste, and a legally binding five-step waste hierarchy.

Waste (England and Wales) Regulations 2011, 2012. This legislation chiefly transposes the requirements of the 2008 EU revised Waste Framework Directive into UK law. A key part of the regulation is to prioritise recycling over disposal. Local authorities are required to have regard to the waste hierarchy (above) in the preparation of waste development frameworks including local development plans.

Controlled Waste Regulations 2012 – Classifies waste according to household, industrial and commercial for the provisions of the Environmental Protection Act. Sets out where charges for the collection or disposal of certain types of non-domestic household waste can be made.

MRF Regulations and Code of Practice 2014 – The main aim of the regulation (implemented via the Environmental Permitting (England and Wales) (Amendment) Regulations 2014) is to improve transparency on material quality in the supply chain, through provision of accurate information on contamination levels.